Editorial: Bail could had been revoked in Upper Bucks bombing case

Wednesday

May 15, 2019 at 5:16 AM

When a judge makes a ruling on bail, he or she typically weighs two questions: Does the defendant pose a danger to the community? Is the defendant a flight risk?

Bearing that in mind, let's take a look at the case of David Surman Jr., the president of an Upper Bucks chemical company who county prosecutors say was responsible for the mysterious rash of late-night explosions that put residents of Milford, Springfield and Bridgeton on edge for three months last year.

The blasts, which totaled about 30, injured no one but resulted in at least one close call as a municipal worker on a riding mower accidentally detonated one that left a crater 2 feet deep in the ground.

After authorities raided Surman's home and business in Milford last June and reportedly found four IEDs, drugs and chemicals known to be used in the construction of bombs, they arrested Surman. The explosions stopped. Still, prosecutors warned Upper Bucks County residents to be vigilant, saying there could be undetonated devices laying around.

Later, Surman's girlfriend Tina May Smith, also of Milford, was charged as a co-conspirator. Surman was also subsequently charged with possession of child pornography.

On the case related to the explosive devices, Surman was released on bail and ordered not to visit his chemical business, contact its employees, possess any firearms or chemicals used to make explosives or contact Smith. Due to the child pornography case, he's also not allowed the use the internet.

This spring, prosecutors asked Bucks County Judge Raymond F. McHugh to revoke Surman's bail, claiming he'd created PayPal accounts using aliases to buy chemicals. They further claimed he'd had contact with Smith and ordered parts for a gun.

Surman's attorneys have steadfastly maintained his innocence both of the charges and the alleged bail violations.

During a two-day hearing last week, Surman's lawyer produced his mother and sister, who also work at the chemical company, to testify that they were the ones who made the PayPal purchases for the business. He also pointed out that, although some items were shipped to Smith's address, the prosecution wasn't able to show Surman and Smith had any direct contact.

McHugh on Wednesday revoked Surman's bail based on evidence that he had accessed an internet device, a violation of a condition imposed related to the child pornography case. But, the following morning, he had Surman released after hearing oral arguments, setting new bail conditions and obtaining a promise from the defendant to refrain from using the internet while awaiting trial.

We can't say McHugh made the wrong call. He certainly knows the law better than members of our editorial board. But we do wish this ruling had gone the other way and we believe it could have in light of the two questions posed at the outset.

Does the defendant pose a danger to the community? If prosecutors are right, Surman set off dozens of explosives, seemingly at random, in Upper Bucks County from April to June of last year. Innocent people in the wrong place at the wrong time could have been hurt or worse. When Surman's arrest was announced, First Assistant District Attorney Gregg Shore said, "This man is a danger to the community; he defines 'a danger to the community'."

Recent allegations that Surman has been looking to circumvent conditions placed on his bail do nothing to dissuade us from believing Shore is right.

Is the defendant a flight risk? Typically, defendants show they won't flee justice by pointing to their jobs, spouses, significant others and family members as reasons to stay. Surman's company is in the process of winding down operations. His girlfriend isn't allowed to see him because she's also charged in the case, and the actions of his mother and sister, if they are to be believed, just landed him back in court on a bail revocation motion.

We think the judge could have concluded that the answers to both of those questions was "yes."

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